Rosengart v. Laird

(dissenting) :

I dissent.

Despite reviewing this case five times, the conscientious objector review board never gave a satisfactory reason for denying petitioner’s application for discharge. On the other hand, the findings of sincerity by all four Army officials who interviewed petitioner are persuasive and conclusive on the record before us. I cannot agree with the majority that one supposed inconsistency between Rosengart’s hardship request and his petition for discharge casts doubt on his sincerity. Nor do I think that this alleged discrepancy, which at best is inconsequential, provides a…